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A judge on Friday tossed out a $417 million jury award to a woman who claimed she developed ovarian cancer by using Johnson & Johnson talc-based baby powder for feminine hygiene.
Los Angeles County Superior Court Judge Maren Nelson granted the company's request for a new trial, saying there were errors and jury misconduct in the previous trial that ended with the award two months ago.
Nelson - Evidence - Johnson - Johnson - Malice
Nelson also ruled that there wasn't convincing evidence that Johnson & Johnson acted with malice and the award for damages was excessive.
The decision will be appealed even though Eva Echeverria has died, said her attorney, Mark Robinson Jr.
Behalf - Women - Product - Statement
"We will continue to fight on behalf of all women who have been impacted by this dangerous product," he said in a statement.
Echeverria alleged Johnson & Johnson failed to adequately warn consumers about talcum powder's potential cancer risks. She used the company's baby powder on a daily basis beginning in the 1950s until 2016 and was diagnosed with ovarian cancer in 2007, according to court papers.
Echeverria - Cancer - Result - Nature - Talcum
Echeverria developed ovarian cancer as a "proximate result of the unreasonably dangerous and defective nature of talcum powder," she said in her lawsuit.
Her attorney contended...
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